Litigation Attorneys - Charleston, SC - WGFL Law

Charleston, SC litigation attorneys assisting in a variety of cases. We provide business litigation and civil litigation from contract disputes to wrongful death.

LITIGATION

The WGL commitment to strategic, bold lawyering is evident in every case we litigate.  We think outside the box and we are quick on the draw when a case requires rapid action. 

Although our team is known for handling unique cases that do not necessarily fit into a category or that involve applying law from a variety of types of cases, the following is a list of the types of cases for which clients seek our assistance.  Each topic includes a brief description.

Bankruptcy & Creditors’ Rights Our attorneys truly bring a multidimensional approach to helping clients navigate financial distress situations. We regularly represent lenders, landlords, judgment creditors, and other creditors whose customers, clients, vendors, or debtors are not living up to their financial obligations. This involves frequent state court collection practice, including evictions, lien foreclosures, receiverships, and enforcement of foreign judgments, as well as bankruptcy court litigation, out-of-court workouts, and financial restructuring to maximize our clients’ returns.

Although our practice is focused primarily on secured and unsecured creditor representation, we also advise and represent trustees, creditors’ committees, asset purchasers, and debtors in bankruptcy court. Our dexterity in the area of bankruptcy law allows us to provide value to our clients, even in the face of diminishing returns. We incorporate our bankruptcy and creditors’ rights know-how into our other practice areas to best protect our clients’ interests against future insolvency situations.
Borrower + Guarantor Litigation When a business or an individual borrows money from banks or other lenders, the transactions usually include a promissory note and may be secured by collateral and/or personal guarantee. Our attorneys routinely handle loan disputes and litigation involving promissory notes and guarantor liability.
Breach of Contract When parties enter into a contract, they agree that they will all comply with the agreed upon terms in that contract. Often times a contract will also include provisions that can affect how a lawsuit regarding the contract proceeds. For example, some contracts include a forum section clause, choice of law provision, arbitration clause, mediation requirement or attorneys fee shifting provision. When a contract dispute arises WGFL attorneys frequently advise and assist clients seeking to enforce their rights under the applicable agreement.
Business/Commercial Litigation WGFL attorneys handle matters involving commercial lease disputes. Whether nonpayment by a tenant or breach by the commercial landlord, we work to achieve our clients’ goal whether that be payment, eviction, amendment of a commercial lease, or another goal.
Condemnation (Landowners) Federal, South Carolina, and local governments (and some other entities) have the authority to “take,” by exercising the power of eminent domain, a landowner’s property for public use. Common examples include the building or widening of a road, the building or expansion of an airport, or the building or expansion of any government building. While the government has the authority to take your land, the law requires you be paid a fair value for the taking. WGFL attorneys represent landowners in court seeking to establish the value the government is required to pay for the property being taken.
Construction Defects + Contract Disputes We represent plaintiffs and defendants in construction defects cases and in lawsuits over breach of construction contracts. We handle these cases in state and federal courts, as well as in arbitration. Many construction contracts include a mandatory arbitration provision requiring the case be litigated in front of an arbitrator or arbitration panel.
Commercial Lease Disputes The WGFL attorneys handle matters involving commercial lease disputes. Whether nonpayment by a tenant or breach by the commercial landlord, we work to achieve our clients’ goal whether that be payment, eviction, amendment of a commercial lease, or other goal.
Covenants + Restrictions Litigation Restrictive covenants upon real estate are contractual in nature and bind the parties thereto just like any other contract. Restrictive covenants are construed like contracts, and may give rise to actions for their breach. We handle cases involving disputes over use restrictions, assessments, and other provisions of covenants and restrictions.
Declaratory Judgment Actions In both South Carolina state court and in Federal court, the courts have the power to declare rights, status and other legal relations between parties. A person or entity can file a lawsuit seek affirmative or negative declaration of the rights between themselves and another party. We regularly handle cases where our client seeks a declaration of the rights with respect to a particular issue.
Easement Litigation An easement is the right to use someone else's property or a portion of their property for a specified purpose. WGFL attorneys handle cases involve express easements, implied easements, easement by necessity and prescriptive easements.
Employment Litigation WGFL attorneys represent business and key personnel in contract disputes between employees and their businesses. We also handle wrongful termination and defamation cases for employers.

Fraudulent Conveyance Actions Under South Carolina law, conveyances made to defraud creditors may be set aside by a court. Transactions made by the grantor with the actual intent of defrauding his creditors is subject to being set aside. Under certain circumstances where the transferor grantor failed to retain sufficient property to pay known debt, transactions made by the debtor can be set aside. Our attorneys are prepared to handle these cases involving intense factual, accounting, and legal issues.
Insurance Overage Disputes + Bad Faith Litigation An insurance policy insures against specific risks. The policy is a mutually binding contract of insurance which is enforceable on its terms. We represent both insureds and third-parties seeking coverage for a particular occurrence under a policy. We also handle cases bad faith cases for insureds and third-parties when an insurance company improperly denies an insured of their rights under a policy or fails to settle a claim or lawsuit when reasonable.
Multi District Litigation (MDL) | Class Actions In cases where a large number of claims have common issues that need to be litigated, the claims are often consolidated in some manner. MDLs are used to consolidate cases from multiple jurisdictions have are very similar. Class actions are another form of consolidation where a plaintiff, or group of plaintiffs, bring a lawsuit on behalf of themselves and others that are similarly situated. While the substantive law in these cases may be the same as traditional lawsuit, the procedural issues can be significant and require skilled counsel to navigate through the process.
Personal Injury A physical injury can be a life altering experience. In addition to the physical pain and suffering, hospital and prescription bills mount and often those injured are unable to return work immediately. Whether a trucking accident, or other vehicular accident, a slip and fall, or a physical injury caused by a defective product, we seek to identify and hold accountable all of the responsible parties.
Plaintiffs Litigation Prosecuting claims for persons harmed when others wrongfully caused them physical harm or financial damages is a significant portion of our practice. WGFL attorneys are passionate about helping people achieve justice. Our firm is not afraid to take on major corporate interests or to fight for our clients’ rights.

We regularly handle these types of cases on a contingency fee basis, which means there is no upfront fee and you owe nothing unless we are able to collect on your behalf. If you think you have a claim or would like to discuss a potential claim, please contact one of our attorneys.
Products Liability Our lawyers represent individuals injured by defectively designed or manufactured products. We also represent businesses harmed as a result of purchasing or using defective component parts. Our team has a command of the scientific and engineering information necessary to handle these cases and we routinely work in tandem with technical experts and scientists to prove the case on behalf of our clients.
Quiet Title Actions In situations where there is a dispute or uncertainty as to the ownership of property, a person claiming title to the property can file an action to quiet title to establish proper title and extinguish any competing claim to title. Whether challenging a specific conveyance or trying to clear any cloud on a title, WGFL attorneys work hard to prove every necessary element to protect our clients’ rights to property.
Shareholder Actions When shareholders of a corporation or an LLC believe the directors or officers of a corporation have breached their fiduciary duties, misappropriated corporate opportunities, or engaged in other improper acts that harm the corporation and its shareholders, a shareholder may bring a personal or a derivative suit.
Trademark | Copyright | Patent Infringement In today’s business world, intellectual property can be a business’s most valuable assets. Trademark law, copyright law, and patent law protect different types of intellectual property that a business or individual may have. When a competitor infringes on any of these protected intellectual property, it is important to act to protect that property. WGFL attorneys handle these infringement lawsuits.
Uniform Commercial Code South Carolina, like other states, has adopted a version of the Uniform Commercial Code, which governs many types of commercial transactions. For example, the UCC government the sale of goods, negotiable instruments, and financing of property other than real property. These cases often arise in the context of a business dispute.
Wrongful Death When a person’s death is caused by the act, neglect or default of another person, the heirs of the deceased person are able to bring a lawsuit to recover damages from the responsible party. We appreciate the importance of cases involving the death of a family member and we work with our clients to be sure that all relevant issues are addressed. We fight to help families hold the responsible parties accountable.

 

 

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